Colorado § 38-40.5-102 - Definitions.

§ 38-40.5-102. Definitions.

In this article 40.5:

(1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2) "Financial covenant" means an undertaking to demonstrate an obligor's creditworthiness or the adequacy of security provided by an obligor.

(3) "Modification" includes change, amendment, revision, correction, addition, supplementation, elimination, waiver, and restatement.

(4) "Mortgage":

(A) Means an agreement that creates a consensual interest in real property to secure payment or performance of an obligation, regardless of:

(i) How the agreement is denominated, including a mortgage, deed of trust, trust deed, security deed, indenture, and deed to secure debt; and

(ii) Whether the agreement also creates a security interest in personal property; and

(B) Does not include an agreement that creates a consensual interest to secure a liability owed by a unit owner to a condominium association, owners' association, or cooperative housing association for association dues, fees, or assessments.

(5) "Mortgage modification" means modification of:

(A) A mortgage;

(B) An agreement that creates an obligation, including a promissory note, loan agreement, or credit agreement; or

(C) An agreement that creates other security or credit enhancement for an obligation, including an assignment of leases or rents or a guaranty.

(6) "Obligation" means a debt, duty, or other liability secured by a mortgage.

(7) "Obligor" means a person that:

(A) Owes payment or performance of an obligation;

(B) Signs a mortgage; or

(C) Is otherwise accountable, or whose property serves as collateral, for payment or performance of an obligation.

(8) "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality or other legal entity.

(9) "Recognized index" means an index to which changes in the interest rate may be linked that is:

(A) Readily available to, and verifiable by, the obligor; and

(B) Beyond the control of the person to whom the obligation is owed.

(10) "Record", used as a noun, means information:

(A) Inscribed on a tangible medium; or

(B) Stored in an electronic or other medium and retrievable in perceivable form.

(11) "Sign" means, with present intent to authenticate or adopt a record:

(A) Execute or adopt a tangible symbol; or

(B) Attach to or logically associate with the record an electronic symbol, sound, or process.

Source: L. 2026: Entire article added, (HB 26-1089), ch. 76, p. 299, § 1, effective August 12.